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For years, Indian intellectual property law has danced a tango between copyright and design protection, especially when artistic works take an industrial turn. In the recent judgment, Cryogas Equipmen...
Published On: 05/02/2022
Practice Area: Intellectual Property
Authors:
Bharadwaj Jaishankar
Kshitij Parashar
The Delhi High Court recently denied injunction to the brand owner of "Rooh Afza" in a suit for trade mark infringement brought against the defendant for its use of the mark "Dil Afza" and applied the test of confusion from the standpoint of an "average consumer with imperfect recollection". The test of an average consumer with imperfect recollection is not a new concept and has been expounded by courts over a long period of time. INDUSLAW's Bharadwaj Jaishankar and Kshitij Parashar have tried to breakdown this test for a better understanding for a brand owner.
